ACT
To provide for the control of the practice of allied health professions, and for that purpose to establish an Allied Health Professions Council of South Africa and to determine its functions, and to provide for matters connected therewith.
[Long title substituted by s. 25 of Act No. 63 of 1993, by s. 10 of Act No. 40 of 1995 and by s. 40 of Act No. 50 of 2000.]
ARRANGEMENT OF SECTIONS
1. Definitions
CHAPTER 1
THE ALLIED HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA: ESTABLISHMENT OBJECTS AND FUNCTIONS
2. Establishment of Allied Health Professions Council of South Africa
3. Objects of council
4. General powers of council
5. Constitution of council
6. Disqualification for appointment as member, vacation of office by members and filling of vacancies on council
7. Office-bearers
8. Meetings of council
9. Executive committee of council
10. Other committees of council
10A. Establishment of professional boards
10B. Disqualification for appointment as member, vacation of office by members and filling of vacancies on professional boards
10C. Objects of professional boards
10D. Powers of professional board
11. Appointment of registrar and staff
12. Funds of the council
13. Rectification of errors and validation of irregular acts
CHAPTER 2
REGISTRATION OF PRACTITIONERS AND STUDENTS
14. Keeping of registers
15. Registration of practitioners
16. Allied health professions
16A. Control over training
16B. Prescribing of qualifications
16C. Temporary registration
16D. Investigation of matters relating to education or training of certain classes of persons
16E. Registration of certain persons so as to enable them to give education or training
16F. Educational institutions to furnish council with certain particulars
17. Effect of registration as practitioner
18. Registration of students
19. Registration of interns
20......
21. Removal of names from, and restoration thereof to, register
22. Custody and publication of registers
CHAPTER 3
DISCIPLINARY POWERS OF THE BOARD
23. Inquiry into alleged misconduct
24. Penalties for misconduct and procedure at inquiry by council
25. Postponement of imposition, and suspension of execution, of penalty or part thereof
26. Effect of suspension or removal of name from register and restoration of name to register
27. Cognizance by council or professional board of certain conduct of practitioners
28. Penalty for false evidence
29. Acts or omissions in respect of which council or professional board may take disciplinary action
30. Restriction in, or suspension from, practise of profession by practitioner
CHAPTER 4
OFFENCES, PENALTIES AND OTHER JUDICIAL MATTERS
31. Offences by unregistered persons, and penalties
32. Offences by practitioners and students, and penalties
32A. Other offences, and penalties
33. Receipt for annual fees prima facie proof of registration of practitioner
34. Proof of certain facts by certificate
35. Presumptions
36. Limitation of liability
37. No remuneration recoverable by unregistered persons in respect of certain acts
CHAPTER 5
GENERAL AND SUPPLEMENTARY PROVISIONS
38. Regulations
38A. Charges by registered persons
38B. Appeal
38C. Exemption from operation of provisions of Act
39. Unregistered persons not eligible for or entitled to hold certain appointments
40. Saving
41. Interpretation of laws in respect of certain medicine men and herbalists
41A. Abolition of Chiropractors, Homeopaths and Allied Health Service Professions Interim Council, and transitional arrangements
42. Repeal of laws, and transitional provisions
43. Short title
Schedule Laws repealed
1.Definitions.—(1)In this Act, unless the context otherwise indicates—
“acupuncturist” means a person registered as such under this Act in respect of the profession of Chinese medicine and acupuncture;
[Definition of “acupuncturist” inserted by s. 1 (a) of Act No. 50 of 2000.]
“allied health profession” means the profession of ayurveda, Chinese medicine and acupuncture, chiropractic, homeopathy, naturopathy, osteopathy, phytotherapy, therapeutic aromatherapy, therapeutic massage therapy or therapeutic reflexology, or any other profession contemplated in section 16(1) to which this Act applies;
[Definition of “allied health service profession” inserted by s. 1 (a) of Act No. 63 of 1993 and substituted by s. 1 (b) of Act No. 50 of 2000.]
Wording of Sections
“annual fees” means the annual fees contemplated in section 38 (1) (r);
“ayurveda practitioner” means a person registered as such under this Act;
[Definition of “ayurveda practitioner” inserted by s. 1 (c) of Act No. 50 of 2000.]
“chairperson” means the chairperson contemplated in section 7(1);
[Definition of “chairperson” inserted by s. 1 (c) of Act No. 50 of 2000.]
“chiropractor” means a person registered as such under this Act;
[Definition of “chiropractor” inserted by s. 1 (c) of Act No. 50 of 2000.]
“board” ......
[Definition of “board” deleted s. 1 (b) of Act No. 63 of 1993.]
Wording of Sections
“council” means the Allied Health Professions Council of South Africa established by section 2;
[Definition of “council” inserted by s.1(c) of Act No. 63 of 1993 and substituted by s. 1 (a) of Act No. 40 of 1995 and by s. 1 (d) of Act No. 50 of 2000.]
Wording of Sections
“Director-General” means the Director-General: Health or his or her nominee;
[Definition of “Director-General” inserted by s. 1 (b) of Act No. 40 of 1995.]
“educational institution” means any university or technikon established by an Act of Parliament and approved by the council to offer training in any profession for which a register has been established in terms of this Act or any private school registered with the Department of Education and approved by the council to offer such training;
[Definition of “educational institution” inserted by s. 1 (e) of Act No. 50 of 2000.]
“examining authority” means any person or group of persons approved by the council to conduct examinations in any subject falling under any profession registered in terms of this Act;
[Definition of “examining authority” inserted by s. 1 (e) of Act No. 50 of 2000.]
“former council” ......
[Definition of “former council” inserted by s. 9 (b) of Act No. 40 of 1995 and deleted by s. 1 (f) of Act No. 50 of 2000.]
Wording of Sections
“homeopath” means a person registered as such under this Act;
[Definition of “homeopath” inserted by s. 1 (g) of Act No. 50 of 2000.]
“intern” means a person registered as such in terms of section 19;
[Definition of “intern” inserted by s. 1 (g) of Act No. 50 of 2000.]
“medical practitioner” means a person registered as such under the Health Professions Act, 1974(Act No. 56 of 1974);
[Definition of “medical practitioner” substituted by s. 1 (h) of Act No. 50 of 2000.]
Wording of Sections
“Minister” means the Minister of Health;
[Definition of “Minister” substituted by s. 1 of Act No. 10 of 1990, by s. 1 (d) of Act No. 63 of 1993 and by s. 1 (c) of Act No. 40 of 1995.]
Wording of Sections
“naturopath” means a person registered as such under this Act;
[Definition of “naturopath” inserted by s. 1 (i) of Act No. 50 of 2000.]
“osteopath” means a person registered as such under this Act;
[Definition of “osteopath” inserted by s. 1 (i) of Act No. 50 of 2000.]
“phytotherapist” means a person registered as such under this Act;
[Definition of “phytotherapist” inserted by s. 1 (i) of Act No. 50 of 2000.]
“practitioner” means a person registered as an acupuncturist, ayurveda practitioner, chiropractor, homeopath, naturopath, osteopath or phytotherapist, in terms of this Act;
[Definition of “practitioner” substituted by s. 1 (b) of Act No. 108 of 1985, by s.1 (e) of Act No. 63 of 1993 and by s. 1 (j) of Act No. 50 of 2000.]
Wording of Sections
“prescribed” means prescribed by regulation;
“profession” means any allied health profession;
[Definition of “profession” substituted by s. 1 (f) of Act No. 63 of 1993 and by s. 1 (k) of Act No. 50 of 2000.]
Wording of Sections
“professional board” means a professional board established under section 10A;
[Definition of “professional board” inserted by s. 1 (g) of Act No. 63 of 1993 and substituted by s. 1 (l) of Act No. 50 of 2000.]
Wording of Sections
“qualification” means any degree, diploma or certificate awarded after examination of a person’s proficiency in a particular subject;
[Definition of “qualification” inserted by s. 1 (a) of Act No. 108 of 1985.]
“register”, as a noun, means a register kept in terms of this Act, and when used in relation to any category or any member of any category of persons in respect of whom a register is kept, the register kept in respect of that category; and as a verb, means to enter in a register under this Act, and the words “registered” and “registration” and all other words derived from the word “register” shall have a corresponding meaning;
“registrar” means the registrar of practitioners and students appointed under section 11 (1);
“registration certificate” means a registration certificate issued in terms of any regulation made under section 38 (1) (g);
“regulation” means any regulation made under this Act;
[Definition of “regulation” substituted by s. 1 (m) of Act No. 50 of 2000.]
Wording of Sections
“rule” means any rule made under this Act;
[Definition of “rule” inserted by s. 1 (n) of Act No. 50 of 2000.]
“scheduled substance” means any scheduled substance as defined in section 1 of the Medicines and Related Substances Control Act, 1965(Act No. 101 of 1965);
[Definition of “scheduled substance” inserted by s. 1 (n) of Act No. 50 of 2000.]
“student” means any person registered as such in terms of section 18 (1);
“student-intern” means a person registered as such in terms of section 19;
[Definition of “student intern” inserted by s. (1) (o) of Act No. 50 of 2000.]
“therapeutic aromatherapist” means a person registered as such under this Act;
[Definition of “therapeutic aromatherapist” inserted by s. (1) (o) of Act No. 50 of 2000.]
“therapeutic massage therapist” means a person registered as such under this Act;
[Definition of “therapeutic massage therapist” inserted by s. (1) (o) of Act No. 50 of 2000.]
“therapeutic reflexologist” means a person registered as such under this Act;
[Definition of “reflexologist” inserted by s. (1) (o) of Act No. 50 of 2000.]
“therapist” means a person registered as a therapeutic aromatherapist, therapeutic massage therapist or therapeutic reflexologist in terms of this Act;
[Definition of “therapist” inserted by s. (1) (o) of Act No. 50 of 2000.]
“this Act” includes any regulation, rule and order made or issued under this Act;
[Definition of “this Act” substituted by s. 1 (p) of Act No. 50 of 2000.]
Wording of Sections
“unprofessional conduct” means improper, disgraceful, dishonourable or unworthy conduct or conduct which, when regard is had to the profession of a person who is registered in terms of this Act, is improper or disgraceful or dishonourable or unworthy;
[Definition of “unprofessional conduct” inserted by s. 1 (q) of Act No. 50 of 2000.]
“vice-chairperson” means the vice-chairperson contemplated in section 7(1).
[Definition of “vice-chairperson” inserted by s. 1 (q) of Act No. 50 of 2000.]
(2)For purposes of this Act—
(a) a practitioner may—
(i) diagnose, and treat or prevent, physical and mental disease, illness or deficiencies in humans;
(ii) prescribe or dispense medicine; or
(iii) provide or prescribe treatment for such disease, illness or deficiencies in humans;
(b) a therapist may—
(i) treat or provide treatment for diagnosed disease, illness or deficiencies in humans; or
(ii) prevent such disease, illness or deficiencies in humans; and
(c) any reference in this Act, except in section 16(3), (4), (5) and (6), to practitioner includes a therapist.
[S. 1 amended by s. 1 (r) of Act No. 50 of 2000. Sub-s. (2) added by s. 1 (r) of Act No. 50 of 2000.]
Wording of Sections
CHAPTER 1
THE ALLIED HEALTH PROFESSIONS COUNCIL OF SOUTH AFRICA: ESTABLISHMENT, OBJECTS AND FUNCTIONS.
[Heading substituted by s.2 of Act No. 63 of 1993, by s. 2 of Act No. 40 of 1995 and by s. 2 of Act No. 50 of 2000.]
2.Establishment of Allied Health Professions Council of South Africa.—(1)There is hereby established a juristic person to be known as the Allied Health Professions Council of South Africa and the first meeting of the council shall be convened by the registrar.
(2)The head office of the council shall be situated in Pretoria.
[S. 2 substituted by s. 3 of Act No. 63 of 1993, by s. 3 of Act No. 40 of 1995 and by s. 3 of Act No. 50 of 2000.]
Wording of Sections
3.Objects of council.—The objects of the council shall be—
(a) to assist in the promotion and protection of the health of the population of the Republic;
(aA) to govern, administer and set policy relating to the professions registered with the council;
(b) to control the practice of the professions and to investigate in accordance with the provisions of this Act complaints relating to the affairs of practitioners and students;
(c) to control the registration of persons in respect of any profession and to set standards for the training of intending practitioners;
(d) to advise the Minister on any matter falling within the scope of this Act as it relates to the professions registered with the council;
(e) to make recommendations to the Minister within a period of 12 months calculated as from the date of commencement of the Chiropractors, Homeopaths and Allied Health Service Professions Second Amendment Act, 2000, on the constitution of the council with due regard to the number of persons registered in terms of this Act in respect of every profession: Provided that—
(i) registers for Chinese medicine and acupuncture, therapeutic aromatherapy, therapeutic massage therapy and therapeutic reflexology must be opened within a period referred to in paragraph (e); and
(ii) each profession shall not have more than three representatives on the council;
(f) to advise the Minister on the amendment or adaptation of this Act so as to place greater emphasis on professional practice, democracy, transparency, equity, accessibility and community involvement; and
(g) to communicate to the Minister information, on matters of public importance, acquired by the council in the course of the performance of its functions under this Act.
[S. 3 amended by s. 4 (b) of Act No. 40 of 1995, by s. 1 of Act No. 91 of 1997 and by s. 1 of Act No. 6 of 2000 and substituted by s. 4 of Act No. 50 of 2000.]